HomeMy WebLinkAbout2022-06-28-BOH-min
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LEXINGTON BOARD OF HEALTH
MEETING MINUTES
Tuesday, June 28, 2022 6:30 pm
Conducted by Remote Participation
Approved August-16-2022
Board of Health Members in Attendance:
Wendy Heiger-Bernays Chair, PhD, Burt Perlmutter, M.D., Susan Wolf-Fordham, J.D. MPA,
David Geller, M.D, Jillian Tung, M.D., M.P.H.
Board of Health Member Absent:
Select Board (Liaison): Doug Lucente (Absence)
Office of Public Health Attendees:
Joanne Belanger, RN, Public Health Director, Alicia McCartin, Assistant Health Director, Jessica
Shah, Health Agent, Kelliann Coleman, Public Health Nurse, Siqing Pan, Department Assistant
Office of Public Health Attendees Absent:
Documents:
Draft BOH meeting minutes 5-17-2022
Staff Appointment Letter dated on June 28th, 2022
rDNA Inspection Program Annual Report Letter dated June 20th, 2022
ARTICLE XI, Dumpster regulations
Swimming Pool Variance request letters
New Body Art Establishments at 363 Massachusetts Avenue & 235 Bedford Street
Mosquito Control Commissioner representing Lexington letter
Lexington Covid data Since April 21st – June 23rd, 2022
Mask advisory and guidance for Massachusetts Residents letter
Advisory regarding face coverings letter updated as of June 10th, 2022
Rescission: Requirement for Negative Pre-departure Covid-19 Test Result or Documentation of
Recovery from Covid-19 for all Airline or Other Aircraft Passengers Arriving into the United
States from Any Foreign Country
LABBB Covid-19 Data Summary – Lexington High Schools January 2022 – June 2022
Tobacco Control Report in May
Resignation Letter from Ian Worstall
Environmental Health Report – Jessica Shah
Environmental Health Report – Alicia McCartin
Public Health Nurse Report – Kelliann Coleman
Health Director Report – Joanne Belanger
Remote Meeting Memorandum letter from Town Manager Jim Malloy
Report “Always Monitoring Your Water, Reservoir to Residence”
Exempt letters from Rabies Vaccination Request
Letter on Alicia McCartin awarded the Amy Naparstek Memorial Scholarship
Residential Medical Waste Disposal Events 2022-2023
Lexington Medical Waste Survey & Survey data
Lexington Medical Waste questionnaire
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Meeting Called to Order:
Board of Health meeting of June 28, 2022 was called to order by Dr. Heiger-Bernays at 6:31 pm.
Minutes Approval
Dr. Geller made a motion to accept the minutes on May 17th, 2022 as written. Dr. Perlmutter
seconded. Roll Call Vote: Dr. Tung – Yes, Ms. Wolf-Fordham – Yes, Dr. Geller – Yes, Dr.
Perlmutter – Yes, Dr. Heiger-Bernays - Yes. Motion carried 5 to 0. All in favor. Unanimously
moved.
Open Forum (2 minutes per person, state your name and address)
None
Appointment of staff as Agents of the Board
Discussion of re-organization of Board to include Vice Chair position
Ms. Belanger presented list of staff to be appointed as agents of the Board going forward
appointment of staff will happen annually. The Board members stated no questions and no
comments.
Ms. Wolf-Fordham made a motion to accept the delegation and authorization for the health
office staff as listed in the letter from Ms. Belanger to the Board of Health dated June 28 th,
2022. Dr. Geller seconded. Roll Call Vote: Dr. Perlmutter – Yes, Dr. Tung – Yes, Dr. Geller
– Yes, Ms. Wolf-Fordham – Yes, Dr. Heiger-Bernays - Yes. Motion carried 5 to 0. All in
favor. Unanimously moved.
“Appointment of Staff as Agents of the Board of Health - Delegation
Delegation:
The Board of Health hereby delegates its legal authority to enforce state statutes and state and local
regulations to the Board’s agents as listed below in Section A. This delegation is for the fiscal period of
July 1, 2022, through June 30, 2023, and beyond, as the Board deems necessary. Said appointment is for
regulatory legal authority only and does not guarantee any salary or fee.
Section A.
Joanne Belanger: as Director of Public Health
Alicia McCartin: as Assistant Director of Public Health
Jessica Shah: as Health Agent
Kelliann Coleman, RN: as Public Health Nurse
Michael Leskouski: as Agent (Animal Control Officer)
Mary de Alderete: as Burial Agent (Town Clerk)
Dianne Sperber: as Burial Agent (Assistant Town Clerk)
”
Dr. Heiger-Bernays stated she recognized that the Board will significantly benefit from having a
Vice Chair. Ms. Belanger explained that most Boards have chair and Vice Chair as its
organizational structure. This gives clear direction to staff if Chair is unavailable in an emergency
or if Chair is unavailable for a meeting, a line of succession. It does not require any specific duties
– only if Chair is unavailable. Dr. Perlmutter stated that he is unconvinced that there is a need for
this position. No decision was made by the BOH to identify a Vice Chair.
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rDNA Inspection Program Annual Report
Rebecca Caruso, MPH, RBP (ABSA), CBSP (ABSA)
Rebecca Ryan Caruso, Lexington rDNA Consultant, presented her annual report of rDNA
inspections of 24 rDNA/Biosafety facilities located in Lexington for 2021. She pointed out that
the majority of inspections were good but that the issues she did see involved biosafety cabinets
use, holding IBC meeting, capturing IBC minutes, improving training, and waste management.
Moving forward, the inspection reports will be released shortly after the inspections, rather than
once a year.
Dr. Tung inquired about how to help those facilities to move forward. Ms. Caruso stated she
offered suggestions on IBC meeting, organization structure, and the background necessary for a
Chair of IBC.
Chair Dr. Heiger-Bernays expressed her appreciation for Ms. Caruso’s invaluable work.
Dumpster Regulations:
Code of the Town of Lexington, Chapter 155-81 Article XI
Proposed revisions
Vote may be taken
Ms. Belanger and Mr. Perry explained the Dumpster Regulations with proposed changes for
Board’s review.
Dr. Perlmutter inquired about the public perception on the proposed fines/penalty of dumpster
regulations. Ms. McCartin explained this is putting into writing the process to issue a fine within
the body of the regulations for clarity.
Dr. Perlmutter made a motion to adopt these recommended changes to the dumpster
regulations changing the wording on § 155-82 that the violators may be subject to a fine of
no more than $300.00 per violation to be determined by the Board of Health. Each day a
violation continues to occur shall constitute a separate offense. Fines will be issued in
compliance with non-criminal disposition authorized by MGL Chapter 40 Section 21D. Dr.
Tung seconded. Roll Call Vote: Dr. Geller – Yes, Ms. Wolf-Fordham – Yes, Dr. Perlmutter
– Yes, Dr. Tung – Yes, Dr. Heiger-Bernays - Yes. Motion carried 5 to 0. All in favor.
Unanimously moved.
New Recreational Camp for Children: Lexington Lacrosse
Ken Ford
Ms. McCartin briefly introduced the Lexington Lacrosse camp, which will start on July 18th and
end on July 22nd, 2022. This camp has been approved from the Town to be at one of the fields, as
a new camp. It needs permission from the Board and then obtain a permit from the Health
Department in order to have the camp.
The applicants briefly described the Lexington Lacrosse camp.
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Ms. McCartin inquired about the number of campers and staff. The applicant stated the current
camper number was 70, but there will be some late sign-up. And they have 11 staff members right
now. The staff members will be increased if there are more late registrations in order to meet the
state and local requirements. All paperwork such as background check, immunizations, emergency
contact information, etc. are required to be submitted before July 1st for the camp to open in July.
The Board members stated no questions and no comments. Chair Dr. Heiger-Bernays expressed
her concerns about the incomplete nature of the files submission. The applicants stated they were
processing to collect the information and to meet the state requirements.
Ms. Belanger stated as long as camping applications were submitted promptly, they will be
processed on time. The staff will be working on local regulations to address timelines for
submission of required paperwork after this camp season. The applicant suggested having a forum
to hear from camp directors about their anecdotal experiences to inform new guidelines.
Swimming Pool Variance Requests
105 CMR 435.23 (1) Lifeguards
Code of the Town of Lexington, Chapter 155-116
Five Fields, Waterstone & Emerson Gardens
Ms. Belanger provided 3 variance request letters from the applicants regarding the lifeguard
variance requests. Ms. McCartin explained the inspections status of those three pools. The
Waterstone pool is a new pool for new senior living facility, which will open in August.
Dr. Tung made a motion to grant the variance request from the requirement of lifeguards
for the safe operation of pools as listed under Article XVI, Bathing Places § 155 -116. In
addition, all requirements of 105 CMR 435.23 (2) shall be met including all signage which
includes: “Warning No Lifeguard on Duty” in easy to read, legible letters which are at least
four inches high “Children under age 16 should not use swimming pool without an adult in
attendance” and another sign that states, “Adults should not swim alone.” This variance
applies only to the following seasonal pool facilities, which have made the request in writing.
They are listed as follows: Five Fields, Waterstone, and Emerson Gardens. This Variance
will expire at the end of the Seasonal Pool season or upon notification of an unsafe operating
condition at a specific facility. Dr. Geller seconded. Roll Call Vote: Dr. Perlmutter – Yes, Ms.
Wolf-Fordham – Yes, Dr. Tung – Yes, Dr. Geller – Yes, Dr. Heiger-Bernays – Yes. Motion
carried 5 to 0. All in favor. Unanimously moved.
New Body Art Establishments:
Code of the Town of Lexington, Chapter 155 Article XVII
Teles Esthetics Center – 363 Massachusetts Ave.
Brow Bar Ink. – 235 Bedford St.
Ms. Belanger provided an explanation letter for the two new Body Art Establishments: Teles
Esthetics Center (363 Mass Ave) & Brow Bar Ink (235 Bedford St). They both will perform
permanent cosmetics in the form of Microblading eyebrows. Ms. Belanger stated the regulations
of Body Art Establishments need to be updated. Ms. McCartin provided the inspection information
of the two Body Art Establishments. Both of these facilities were in great shape from the pre-
operational inspection. Follow up inspections will be done annually.
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Dr. Geller inquired about which department oversees new facilities like Med Spas, and Laser
Aesthetics. Ms. Belanger responded they are not under the jurisdiction of local Public Health. They
fall under the State Board of Cosmetology. Ms. McCartin stated that part of the regulation is that
they are given after-care instructions.
Mosquito Control District – Appointment of Health Director as East Middlesex Mosquito
Control Commissioner representing Lexington
Ms. Belanger provided the Appointment letter of Health Director Joanne Belanger as East
Middlesex Mosquito Control Commissioner representing Lexington, which needs to be approved
and authorized by the Board.
Dr. Heiger-Bernays stated that the BOH should know what chemicals the Eastern Middlesex
mosquito control project is using to understand what the implications are and to be able to respond
to the public. She also stated the storm drains will be marked an “X” to indicate which storm drains
have been treated with larvicide.
COVID 19 Status and Discussion
Ms. Belanger provided the updates and information about Covid-19 cases and vaccinations since
April of 2022. She also provided the latest advisory and guidance for Massachusetts residents from
the Department of Public Health, that strongly recommends residents mask when indoors. The
document stating that requirement for negative pre-departure Covid-19 test result or
documentation of Recovery from Covid-19 for all Airline or Other Aircraft passengers arriving
into the United States from Any Foreign Country was provided. The information of vaccination
rates for the schools and the Covid-19 data for LABBB were also provided.
Tobacco Control Report
Resignation Letter – Ian Worstall
The Tobacco Control Report for May and resignation letter from Mr. Worstall were reviewed.
There were no questions from Board.
Health Staff Reports
Ms. McCartin was awarded the Amy Naparstek Memorial Scholarship on June 9th, 2022 at the
quarterly Massachusetts Health Officers Association meeting. The Board congratulated her on
receiving this award.
Ms. McCartin provided her environmental health report of May & June. All food inspections were
compliance. Lexington Farmers Market opened on March 31st, 2022. Ms. McCartin will continue
to work with IT department on the online inspection form system, Winwam, for inspections.
Currently inspections are recorded on paper. The Board also congratulated Ms. Shah for her
Certified Pool Operator certification.
Ms. Belanger provided the Consumer Confidence Report for drinking water. Dr. Heiger-Bernays
pointed out that this CCR is required by law to be provided to consumers of public water supplies.
She pointed out that lead in drinking water continues to persist – the lead is in the lines, not the
source water.
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Ms. Belanger provided her monthly report, and described her working with MHOA and APHC on
research on the subject of ghost kitchens and their impact on public health. She was interviewed
for the Boston Globe and published on front page of June 26th, 2022. There is a zoom call every
other Tuesday with the Department of Public Health for updating on issues, like Covid-19 and
Monkeypox. Ms. Belanger also provided documentation of her attendances at conferences of
MHOA, MAVEN, and MAPHN. Free Covid test kits from the state will be provided to the public
for pick up at various town building locations, which had been advertised in town website. Dr.
Heiger-Bernays expressed her appreciation on Ms. Belanger’s work for training and supporting
staff. Ms. Belanger also provided a survey from the medical waste collection.
The Board agreed the BOH meeting of July will be cancelled.
New/Old Business
Ms. McCartin provided a new business that carnivals will be coming to Town. The new dates of
Medical Waste Disposal were also included, which has been approved by the medical waste
contractor. Ms. Belanger provided the rabies vaccine waiver request letters and other documents
relevant to the waivers.
Dr. Geller made a motion to ratify the approval for the waivers from the rabies vaccine
requirements for these animals that have been approved and have letters from the
recognized veterinarians. Dr. Perlmutter seconded. Roll Call Vote: Dr. Tung – Yes, Ms.
Wolf-Fordham – Yes, Dr. Geller – Yes, Dr. Perlmutter – Yes, Dr. Heiger-Bernays – Yes.
Motion carried 5 to 0. All in favor. Unanimously moved.
Adjournment
Dr. Geller made a motion to adjourn at 8:22pm. Dr. Perlmutter seconded. Motion carried 5
to 0. All in favor.